1. the provision (in Employment Tribunals Act 1996 s.10(1)) requiring an employment tribunal to dismiss an unfair dismisal complaint if the employer shows that "the action complained of" was taken to safeguard national security can be relied on by all employers, private as well as public;

2. for this purpose "the action complained of" is not the "dismissal" but rather is the potentially "unfair dismissal" and therefore the question of whether redeployment was possible must be taken into account by the tribunal in deciding whether it must dismiss the claim;

3. if the refusal of security clearance by a Government agency is the reason for a potentially unfair dismissal the employer does not have to establish the facts underlying refusal of that clearance in order to trigger the requirement that the tribunal must dismiss the claim.

For relevant general notes see Unfair dismissal/national security involved

editor's note:
an appeal to the Court of Appeal against the EAT ruling in this case was filed on 1st June 2005